Why Trust Jim Desmond with a Kentucky Motorcycle Accident Claim?
Jim Desmond is a Louisville personal injury attorney who has represented people injured in motor vehicle and motorcycle accidents for more than 30 years, since 1993 in Kentucky and 1994 in Indiana. He is:
- Licensed to practice law in Kentucky and Indiana;
- More than 30 years of experience handling injury claims for injured people;
- A Legal Practice focusing almost exclusively on car, truck, and motorcycle accident cases;
- Author of Your Personal Guide to Motorcycle Wrecks in Kentucky and Indiana;
- Clients work directly with Jim—not a case manager- throughout the entire case;
- Clients receive Jim’s personal cell phone number so they can get their questions answered;
- Jim is available for home and hospital visits when injuries make travel difficult.
Jim believes that handling a motorcycle accident claim involves identifying every potentially available source of insurance coverage to maximize a client’s recovery, making sure the client’s medical bills are paid in a way that does not consume a client’s personal injury settlement, preserving evidence to strengthen the claim, and developing an ever-growing plan with the client from the beginning of the case to the time the claim is resolved.
That personal involvement is part of what Jim calls the Desmond Difference.
Louisville Motorcycle Accident Lawyer
Talk Directly to Attorney Jim Desmond About Your Motorcycle Accident
If you have been injured in a motorcycle accident in Louisville or anywhere in Kentucky, you may quickly discover that a motorcycle accident claim differs significantly from an ordinary car accident claim. Typically, in a motorcycle wreck, your medical expenses and the value of your injury claim exceed the applicable insurance on the at-fault driver and possibly the underinsured motorist insurance on your own motorcycle insurance. As a result, it is my job to recover as much as I can for you with my right hand, while minimizing any deductions from your personal injury settlement with my left hand.
I am Louisville personal injury attorney Jim Desmond. I have represented people injured in car and motorcycle accidents for more than 30 years, and I am licensed to practice law in both Kentucky and Indiana. When you hire my office, you deal directly with me—not a case manager. Why? Because it is not an easy task to figure out all the insurance sources to recover your personal injury claim from while minimizing any expenses that need to be paid out of your personal injury settlement. So yes, throughout the entire case, I am working and reworking that “game plan” to make sure you walk away with as much as possible from your injury settlement.
Why Are Motorcycle Accident Claims Different in Kentucky?
A motorcycle accident should not simply be handled as if it were another car accident.
One major difference involves Kentucky no-fault benefits, commonly called PIP or Basic Reparation Benefits. Motorcycles are treated differently under Kentucky’s Motor Vehicle Reparations Act, and whether PIP coverage is available can depend upon the coverage purchased on your motorcycle insurance before any motorcycle accident occurred. The easy, quick tip for a person injured in a motorcycle wreck is this: “If you have PIP, a.k.a. no-fault insurance, on your motorcycle insurance policy, tell your insurance company to RESERVE the no-fault insurance until you tell them otherwise, in writing!” In short, this preserves our ability to use that no-fault coverage for your lost wages, co-pays on medical bills, prescription reimbursements, etc. In Indiana, a similar type of coverage is known as med-pay coverage, and yes, you should RESERVE your med-pay coverage for the same reasons.
Secondly, and more importantly, in most motorcycle wrecks in Kentucky and Indiana, the value of the motorcycle rider’s personal injury claim exceeds the amount of liability insurance covering the at-fault driver.
A motorcyclist may have ambulance charges, emergency-room bills, orthopedic treatment, surgery, rehabilitation, and lost wages. One of the first things I want to determine is what insurance coverage is available to pay those expenses and compensate the injured rider.
That investigation should include more than simply asking for the other driver’s insurance information. Depending upon the circumstances, we may need to investigate:
- Liability insurance covering the at-fault driver;
- Insurance covering the vehicle the at-fault driver was operating;
- Uninsured motorist coverage;
- Underinsured motorist coverage;
- Motorcycle insurance carried by the injured rider;
- Other potentially applicable automobile policies;
- Health insurance, Medicare, Medicaid or VA benefits; and
- Any additional person or company that may be legally responsible for causing the collision.
Finding all available insurance coverage can be particularly important in a motorcycle accident because all these factors affect a client’s net settlement from their personal injury claim.
What Should I Do After a Motorcycle Accident in Louisville?
After addressing your immediate medical needs and going to the hospital, call me directly on my cell phone.
When I become involved in a motorcycle accident claim, I want to obtain the police report, identify the drivers and insurance companies, determine whether witnesses exist, preserve photographs and video, and begin investigating all potentially available insurance coverage.
Depending upon the accident, we may also look for surveillance video, traffic-camera evidence, photographs of the scene, electronic information, witness statements, and other evidence that helps establish how the collision occurred.
This is one reason I encourage people to call an attorney early—even if they are not yet sure they want to hire one.
I routinely help people obtain and understand police reports and insurance information. A conversation with me does not obligate you to hire my office, and it gives you the legal advice you need to not make a costly mistake.
What If the Driver Who Hit My Motorcycle Doesn’t Have Enough Insurance?
This is one of the most important questions in a serious motorcycle accident case.
Kentucky and Indiana permit drivers to carry low liability limits of $25,000 per person. This means that if the at-fault driver takes off your left leg in the motorcycle wreck and he is only insured for $25,000 per person of liability coverage, his insurance company says, “Sorry for your luck!” and is not responsible for anything more. Obviously, those insurance limits are inadequate when a motorcycle rider suffers fractures, a traumatic brain injury, spinal injuries, permanent impairment, or injuries requiring surgery, and for this reason, we need to look for underinsured motorist coverage (a.k.a. UIM) on your motorcycle insurance and maybe even your car insurance.
Depending upon the facts and policy language, there may be additional policies or sources of coverage that should be investigated before settling any personal injury claim.
This is why I do not believe a seriously injured motorcycle rider should accept a settlement simply because an insurance company says, “Those are the policy limits.”
The better question is: Are those really all of the insurance benefits available on all the insurance policies for the at-fault driver AND from my own motorcycle/car insurance?
Does Kentucky PIP Insurance Cover Motorcycle Accidents?
Not automatically, and in fact, maybe not at all. Kentucky PIP, a.k.a. no-fault insurance, automatically applies to insured cars involved in a car wreck in Kentucky. Essentially, it means that the first $10,000 of medical bills is paid by your own automobile insurance company regardless of how the car wreck happened.
For motorcycle accidents, Kentucky law treats motorcycles differently from ordinary passenger vehicles in that a motorcycle rider and their passenger are not entitled to no-fault coverage unless they purchased optional no-fault benefits, a.k.a. basic reparation benefits, before the motorcycle wreck ever happened. See KRS 304.39-060. So, what does this mean?
This means that in the typical Kentucky motorcycle wreck, we have one less type of insurance to pay your medical expenses. That makes it especially important to determine how medical bills will be paid.
Depending upon the case, medical expenses can be paid through health insurance, Medicare, Medicaid, and VA benefits. But also understand that all these types of health insurance will have a claim against your injury case for any medical bills that they paid on your behalf. This claim is known as a health insurance subrogation claim or, incorrectly, a health insurance lien. It’s okay, as the health insurance carrier will reduce the amount paid for medical bills through contracts that they have with the medical provider, wherein their subrogation claim will be less than the original amount of the medical bills. However, it is my job, as an experienced motorcycle wreck lawyer, to address and negotiate these subrogation claims down, thereby increasing the amount of your net personal injury settlement.
Can I Recover Compensation If I Wasn’t Wearing a Motorcycle Helmet?
Yes, but by not doing so, an insurance company can also argue that you were partially responsible for your own injuries, i.e., known as comparative fault.
Kentucky does not require every motorcycle rider to wear a helmet. Kentucky law imposes helmet requirements in certain circumstances, including for certain younger or less-experienced riders. Not wearing a helmet does not automatically mean another driver is no longer responsible for causing an accident.
Liability for causing the collision and the nature of the rider’s injuries are separate issues that need to be analyzed based upon the particular facts.
If an insurance company is trying to use helmet use as an excuse to deny or substantially reduce your motorcycle accident claim, talk to an attorney before accepting that argument.
What Compensation Can Be Recovered After a Kentucky Motorcycle Accident?
Every case is different, but an injured motorcycle rider may potentially recover compensation for medical expenses, lost income, pain and suffering, permanent impairment, future medical treatment, and other damages caused by the collision.
Severe injuries can also affect a person’s ability to work, participate in activities, care for family members, and simply live the life he or she enjoyed before the accident.
In catastrophic cases, future medical expenses and diminished earning capacity can become major components of the claim.
The value of a motorcycle accident case therefore should not be determined simply by adding up the current medical bills. Moreover, all the possible recoveries listed above are contingent upon finding enough liability insurance and underinsured motorist insurance to cover these elements of loss.
Do you see why I give every client my cell phone? Because really, as a good injury lawyer, I am not only trying to recover the maximum amount for your injury claim but also, and equally as important, I am trying to stretch a dollar bill to cover all of your medical expenses to maximize the net amount of your personal injury claim. This is an essential task for any motorcycle attorney, and therefore, you should be demanding it from any injury attorney you hire!
On this issue, read the next section in regard to my attorney’s fees.
What Does a Louisville Motorcycle Accident Lawyer Cost?
I charge what is known as a contingency fee. This means you don’t have to pay any money upfront to hire me. Rather, I charge 33.33% of the amount I recover for your personal injury claim as my attorney’s fee. However, to me, that is not the important part, and the provision below, directly from my firm’s contract, is:
IN THE EVENT THERE IS NO RECOVERY MADE, CLIENTS SHALL OWE DESMOND LAW OFFICE NO ATTORNEY FEES OR REIMBURSEMENT OF THE COSTS ADVANCED.
IN ADDITION, FOR ALL CASES INVOLVING A CAR OR MOTORCYCLE ACCIDENT THAT DO NOT REQUIRE THE FILING OF A LAWSUIT, THE ATTORNEY’S FEE OF THE DESMOND LAW OFFICE WILL NOT EXCEED THE NET SETTLEMENT. DUE TO THE CLIENT SHOULD A SETTLEMENT OCCUR WITHOUT LITIGATION.
In other words, you don’t owe me an attorney’s fee unless I successfully win or settle your case. Any good injury attorney has that policy in regard to their attorney’s fees.
However, and much more importantly, if your medical expenses eat up your net settlement, I will lower my attorney’s fee to make sure you put a greater amount in your pocket than I do. That’s another aspect of the Desmond Difference! Making sure the client always walks away with the lion’s share of any personal injury settlement.
What If the Insurance Company Says the Motorcycle Rider Was at Fault?
Do not assume the insurance company’s conclusion is correct.
Motorcyclists sometimes encounter an unfair assumption that they must have been speeding, driving aggressively, or otherwise responsible for an accident simply because they were riding a motorcycle.
Liability should be determined by evidence—not stereotypes.
That evidence can include the police report, witness statements, photographs, vehicle damage, video recordings, physical evidence at the accident scene, and, when appropriate, accident reconstruction.
Kentucky also follows comparative fault principles. Even when an insurance company claims that a motorcyclist bears the majority of responsibility for a wreck, that does not necessarily eliminate the rider’s claim. For example, since Kentucky is a pure comparative fault state, a motorcycle rider can be 90% at fault for a wreck and still recover 10% of their damages. Indiana is what is known as a modified comparative fault state, which means that if your fault was equal to or greater than the at-fault driver’s fault, your claim is barred entirely.
How Do I Find a Louisville Motorcycle Accident Lawyer Who Will Actually Talk to Me?
Ask the following question before hiring any injury firm, especially the large TV advertisers,
“Who will actually handle my case?”
At my office, the answer is me, Attorney Jim Desmond.
I do not believe you should hire one lawyer and then spend the next several months trying to get information from someone you have never met. I also believe that the guy on TV is the guy that should be handling your injury claim.
My clients receive my cell phone number. They can call or text me. I personally communicate with them about their cases, and I regularly provide updates, so they know what is happening and what comes next.
I also believe the attorney should develop a game plan, with the input of their client, at the beginning of the case, and that this game plan will continue to evolve/change throughout the injury claim based upon the communication between myself and my client. That direct attorney access is a major part of the Desmond Difference! Because the big firms won’t tell you this, but honestly, it is an essential element to effectively handling your case and improving the chances that we can keep your case out of litigation.
If your injuries make it difficult to travel, I can meet you at your home or hospital.
Why Hire Jim Desmond for a Louisville Motorcycle Accident?
Because you get answers and solid legal advice immediately! To illustrate, let me share with you that I am personally updating this section of my website at 6 a.m. on a Sunday in response to an e-mail I received last night from someone injured in a motorcycle accident in the last two days, after I responded to their e-mail. In other words, you, the injured motorcycle rider, are the one who has just gone through a life-changing event with the potential for significant injuries, not me! So yes, I am happy to do my part and work nights and/or weekends to advance your injury claim.
Motorcycle accident cases are not an occasional sideline of my practice.
My practice focuses on helping people injured in motor-vehicle accidents of all kinds. I have handled automobile and motorcycle accident claims for decades in Kentucky and Indiana.
I also wrote Your Personal Guide to Motorcycle Wrecks in Kentucky and Indiana to help injured motorcycle riders understand the insurance and legal issues they may encounter after an accident.
That experience matters because motorcycle cases can present issues that do not arise in an ordinary car accident—from PIP and medical-payment questions to serious injuries, insufficient liability limits, and complicated UM/UIM coverage.
Just as importantly, I believe clients deserve access to the attorney they hired. You should not have to wonder who is handling your case.
Frequently Asked Questions About Kentucky Motorcycle Accidents
Should I talk to the other driver’s insurance adjuster?
Be careful about giving a recorded statement or signing documents before you understand your rights. The insurance adjuster’s job is to investigate the claim for the insurance company. You can speak with me directly before deciding what information should be provided. At the very least, if you choose to talk to the insurance company, do NOT minimize your injuries or settle your personal injury claim. In Indiana and Kentucky, you have two years from the date of the wreck before your lawsuit has to be filed with the proper Court. This is known as the Statute of Limitations. So, don’t settle any personal injury claim(s) until you know the full extent of your injuries.
How soon should I contact a motorcycle accident attorney?
The sooner serious accidents can be investigated, the better. Video can be erased, witnesses can become difficult to locate, and physical evidence can disappear. You do not have to wait until your medical treatment is finished before speaking with an attorney.
Should I accept the insurance company’s policy-limits offer?
Not necessarily. Before resolving a serious motorcycle injury claim, I want to know whether other liability coverage, underinsured motorist coverage, or another potential source of recovery exists. If you accept a policy-limits offer and do not follow the legal procedures laid out in KRS 304.39-320 for a Kentucky wreck and Indiana Code, Section 27-7-5-6, you can lose your right to recover underinsured motorist benefits from your own motorcycle or automobile insurance company.
What if I have health insurance?
Great! I am going to use your health insurance to pay part of your medical bills, thereby lessening any medical bills that have to be paid out of your personal injury settlement. Health insurance can be extremely important after a motorcycle accident, particularly when PIP or med-pay benefits are unavailable. However, a health insurer may have reimbursement or subrogation rights that must be addressed when the injury claim is resolved. So, don’t just assume your health insurance is going to pay your medical bills, and you don’t have to pay them back out of your personal injury settlement. The key is that we get to pay them back at the reduced amount of the medical bill, i.e., the amount they actually paid the medical provider, not the amount the medical provider originally billed. By doing so, I can effectively put more money in your pocket at the time your injury claim is resolved.
What if the driver who hit me has no insurance?
Uninsured motorist coverage, on your own motorcycle insurance, should apply if you purchased it before the wreck. Effectively, that insurance acts like they insure the at-fault driver, who was uninsured, and whatever the uninsured motorist company pays out for your injury claim, they will sue the at-fault/uninsured driver to recover. Essentially, by purchasing uninsured motorist coverage on your motorcycle insurance policy, you transferred the risk that the at-fault driver has no money or means of paying your injury claim to your own insurance company; thereby letting your insurance take that risk of loss.
However, the available coverage depends upon the policies and facts involved, so I would investigate all potentially applicable insurance rather than assuming there is no recovery.
What if I was a passenger on the motorcycle?
A motorcycle passenger injured because of someone else’s negligence may have a claim against the at-fault driver and/or the driver of the motorcycle. Depending upon how the accident occurred, claims potentially could involve another vehicle, the motorcycle operator, or applicable UM/UIM insurance coverage. Candidly, this can get so complicated I would prefer you call me to discuss this situation.
How long do I have to file a Kentucky motorcycle accident claim?
Do not assume you have a particular amount of time based upon something you read online. Kentucky limitation periods can depend upon the facts and type of claim involved. An attorney should determine the applicable deadline for your particular accident.
Nevertheless, the Statute of Limitations in Kentucky and Indiana for a motorcycle wreck is two years from the date of the wreck. This means a lawsuit has to be filed with the proper Court no later than two years from the date of the wreck, or the claim is barred, as if it never existed.
Don’t assume you can extend this date by agreement or in any other way. The absolute safest way to handle the Statute of Limitations is to talk to an attorney no more than one year after a motorcycle wreck AND be ready to file suit no later than six months before the Statute of Limitations will run.
How much is my motorcycle accident case worth?
Think about that for a second. In every injury case, this proposition holds, which is, “The worse you are injured, the more your personal injury claim is worth.” However, the first requirement of that proposition is that you are severely injured, and no one wants to be severely injured. The second problem with that proposition is that it entirely ignores the fact that your injury may be worth a lot of money, but only if we have insurance policies we can collect that money from.
All the lawyers who advertised on TV claim that they have recovered millions for their clients. Well, a secret that no one talks about in the area of personal injury law is that “We have all had million-dollar cases! We just recovered pennies on the dollar for those cases because the right insurance was not in place before the motorcycle wreck occurred.”
There is no legitimate formula that can value every motorcycle accident claim. The answer depends upon factors such as the nature of the injuries, medical treatment, permanent impairment, lost income, future treatment, available insurance coverage, liability evidence, and how the injuries have affected the person’s life. However, more important than what your case is worth is “Where can we recover the money from to recover the full value of your injury case?”
So, this is why an experienced motorcycle lawyer is so important, as he has to:
- maximize the chances you can recover the full value of your case, 2) from all possible insurance sources, 3) WHILE minimizing the deductions that will lessen the net settlement from your injury claim, i.e., the amount you put in your pocket after everything is deducted.
Very simply, you cannot effectively do all these things unless you are in regular communication with your injury lawyer AND, more importantly, this communication builds the trust between you and your attorney, so you know the case is being handled properly.
That’s the Desmond Difference. Understanding that good communication with a client improves the odds of maximizing their recovery and keeping their case out of unnecessary litigation.
Talk to a Louisville Motorcycle Accident Lawyer
If you or a family member has been injured in a motorcycle accident in Louisville or elsewhere in Kentucky, you are welcome to call me and discuss what happened.
You do not have to hire me simply because we talk.
I can help you understand the police report, insurance coverage, and issues that may affect your claim. If we decide to work together, you will deal directly with me throughout your case.
I am Jim Desmond, and my practice is devoted to helping people injured in motor-vehicle accidents.
Call the Desmond Law Office to speak directly with me about your Kentucky motorcycle accident.